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MIGRATION ACT REVIEW

By Lawrence Johnston

A MORE flexible and transparent visa system, greater discretion on residence decisions, and a new appeal system are contained in government proposals for New Zealand's new Immigration Act.
The result of the most comprehensive review of immigration legislation in 20 years, the proposals have been approved by Cabinet and will form a Bill scheduled to go before Parliament in April, following select committee approval.
Unveiling the proposals last month, Immigration Minister David Cunliffe said that if approved, the Bill would give migrants a "world-class" immigration system based fairness and human rights principals. It would make the process of emigrating to New Zealand easier.
The vital contribution to the country's economic success and diversity, was set to increase as the need for skilled, talented people continued.
The new laws would give migrants a fairer and simpler immigration system, with expanded provisions for human rights at every stage.
"The new visa system will make applying to come or stay in New Zealand much simpler for migrants, and the greater discretion over residence decisions will mean faster and fairer decisions over their applications," Mr Cunliffe said.
The new appeal system would replace the four existing appeals bodies and make the process more transparent.

Among benefits the changes to the existing 1987 Act will provide if the Bill is approved are:

Greater clarity and flexibility over non-citizens' travel to New Zealand and for those remaining there.
More responsiveness and efficiency over residence decision-making, and
The use of specified biometric information to enhance visa and border processing.

The proposals followed public consultation in which:

There was strong support for an integrated visa system, and 90 per cent of 91 submitters and public meetings supported an interim visa.
Two-thirds of submitters supported the change for the minister to delegate powers to make positive exceptions to residence decisions, but commented that the minister should have the power to intervene.
Sixty-five per cent of 62 organisations and 80 per cent of 42 individuals supported providing a stronger legislative basis for employer responsibilities, and
More than three-quarters supported a flexible offences and penalties regime for education providers.